TERMS AND CONDITIONS
Flower Delivery Terms
Place your order by 12noon for same day delivery Mon - Fri and by 10am Sat. If ordered after this time we will do our best for same day delivery however, your order may be delivered on the next business day. We are unable to offer a set time for deliveries, your order will be delivered by 6pm. If you need your order delivered by a certain time please contact us and we will do our very best to accommodate your specific requirements but time deliveries cannot be guaranteed. A late delivery does not entitle you to a cancellation or refund. Orders that have been placed online outside of business hours will be delivered the next business day. It is your obligation to ensure that you have the correct delivery address; we will not give refunds for deliveries made to incorrect addresses. Delivery price when you checkout is for the delivery areas listed on our website, there maybe be higher costs outside of these areas. Please check the link under deliveries that says “our areas”. If your area isn’t listed you can contact us at sales@flowersbynici.com and we will do our best to organise a courier for you however being a rural area there are no guarantees.
Flowers, Plants, Candles and Hampers can only be delivered locally and incur a courier fee. Gifts can be sent Australian Wide Only shipping or courier fees will be determined based on the gift size and weight.
Free Pick Up In Our Yea Store is available for same day collection if ordered before 12noon. 34 High Street, Yea.
What if they're not home when the flowers are delivered?
This is an easy one. If the receiver isn’t home, we’ll leave them somewhere in the shade close to the front door as possible. If you’d like us to leave them somewhere else, just let us know when you place your order.
Please remember that it is your responsibility to make sure that the address you have provided is correct and that the property we’re delivering flowers to is accessible for our couriers – they don’t really like jumping fences. We will only try and call the receiver or sender if we feel there is a problem with your order. If we deliver your flowers when the receiver is not home your will receive a text message advised delivered however not received. Please note if you have provided the wrong address, we are not able to try and retrieve your order and you will need to place a new order (unless that person is lovely enough to get in touch)!
What if my flowers are returned to the shop because they couldn't be delivered?
This doesn’t happen too often but there is the odd little guy that makes his way back us. This is why it’s super important to check your order before sending it off to us. Wrong addresses, missing information on orders, patients being discharged early and inaccessible buildings are the main reasons that we see our flowers come back. If we need to re-deliver your flowers, we’ll have to charge you a re-delivery fee – we don’t like it but that’s just the way the cookie crumbles.
Alcohol: You must be over the age of 18 to order or receive alcoholic beverages. The sender of the item is responsible for ensuring their order complies with the law in this regard and absolves Flowers by Nici of any responsibility in this regard.
Cancellations: If you wish to cancel your order you must do so 24hrs prior to the delivery date. A full refund will be arranged. We are unable to cancel an order on the same day as delivery as the flowers or gifts will already be in preparation or transit. If you wish to cancel or make changes to your order you can contact us on 0400 154 047 email us at: sales@flowersbynici.com We will always attempt to be as accurate as possible with our product to make your order beautiful. Due to seasonal changes some flowers may be substituted. Containers are subject to availability and may be substituted. If you have a specific request in mind please contact us at least 24hrs prior to delivery so we can try our very best to accommodate your requests. All prices listed include GST and are in Australian currency.
Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to my website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern www.flowersbynici.com relationship with you in relation to your use of this website. By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to www.flowersbynici.com and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.flowersbynici.com rights and obligations to each other.
LIMITATION OF LIABILITY It is an essential pre-condition to you using our website that you agree and accept that www.flowersbynici.com is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), www.flowersbynici.com liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again. You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF PHYSICAL GOODS www.flowersbynici.com uses our own driver or reputable courier companies to deliver physical goods. Deliveries are usually processed promptly upon receipt of full payment. Delivery times may vary depending on the delivery company chosen. www.flowersbynici.com is not responsible for goods that are either damaged in transit or not received. Damaged or lost orders should be resolved with us or the courier company directly. Replacement of damaged or lost items is made at the discretion of www.flowersbynici.com In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs. Overdue accounts will be subject to interest at the rate of 13% p.a., calculated for the period the account is due until the date it is paid.
RETURNS AND REFUNDS www.flowersbynici.com handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. Should you wish to return your order, please notify us within 24 hours of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. Refund payments may take up to 7 business days to be received. Refunds are made at the discretion of www.flowersbynici.com
LINKS TO OTHER WEBSITES www.flowersbynici.com may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between www.flowersbynici.com and the owners of those websites .www.flowersbynici.com takes no responsibility for any of the content found on the linked websites www.flowersbynici.com website may contain information provided by third parties for which www.flowersbynici.com accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
DISCLAIMER To the fullest extent permitted by law, www.flowersbynici.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. www.flowersbynici.com gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components. Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of www.flowersbynici.com to bear any entire costs of servicing, repairs, or correction. The applicable law in your state of territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
YOUR PRIVACY At www.flowersbynici.com, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. www.flowersbynici.com respects the privacy and confidentiality of the information provided by you and adheres to the national privacy principles established pursuant to the Privacy Act 1988 (Commonwealth). Please read our separate Privacy Policy carefully. You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. www.flowersbynici.com secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data www.flowersbynici.com collects is secured against unauthorised use or access. Credit card information is not stored by us on our servers. THIRD PARTIES www.flowersbynici.com does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION www.flowersbynici.com may be required, in certain circumstances, to disclose information in good faith and where www.flowersbynici.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of www.flowersbynici.com, its customers or third parties.
EXCLUSION OF COMPETITORS If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of www.flowersbynici.com. www.flowersbynici.com expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then www.flowersbynici.com will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. www.flowersbynici.com reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website. www.flowersbynici.com. expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
WHOLE AGREEMENT These terms and conditions represent the whole agreement between you and www.flowersbynici.com concerning your use and access to www.flowersbynici.com website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions. JURISDICTION This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and www.flowersbynici.com that results in litigation then you must submit to the jurisdiction of the courts of Victoria.